Skip to content

CS Executive · Economic, Commercial and Intellectual Property Laws · Law relating to Designs

The Controller passes an order under section 19 refusing to cancel a design registered to Kaveri Appliances Ltd. The order is dated 1 March, and the certified copy of the order is given to the aggrieved petitioner on 21 March. Under section 36, how is the three-month appeal period to the High Court computed?

The appeal must be made within three months of the order date, 1 March, but the time taken to obtain the copy, here 20 days, is excluded under section 36(2). The period does not simply start from the date the copy is received.

  1. AThree months from 1 March, excluding the 20 days taken to obtain the copyCorrect
  2. BThree months from 21 March, the date the copy is received, with no other adjustment
  3. CThree months from 1 March, with no exclusion for obtaining the copy
  4. DSix months from 1 March, since the order concerns cancellation

Explanation

Section 36(1) fixes three months from the date of the order. Section 36(2) excludes time occupied in granting a copy of the order. So the period runs from 1 March but the 20 days between 1 and 21 March are excluded. Counting from the date of receipt overstates the exclusion.

Did you get it right without looking?

One question tells you little. A timed set on Law relating to Designs shows your real accuracy, how long you take and where you lose marks.

Practise Law relating to DesignsFree diagnostic mock

More Law relating to Designs questions